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Temporary Restraining Order Example In Illinois
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Illinois law provides that a TRO may last only 10 days, except in certain circumstances. Illinois law recognizes two different types of TROs: TROs with and without notice (the latter being referred to by courts as ex parte TROs).
To obtain an Order of Protection, you can: Contact a domestic violence program for assistance. Ask an attorney to file in civil court. Request an order with your divorce. Request an order during a criminal prosecution.
If granted by the court, a TRO works by requiring the other party to either do something or refrain from doing something for a specified period. If a TRO is obtained without notice to the other party, then Illinois law limits a TRO to 10 days in duration, with one 10 day extension. 735 ILCS 5/11-101.
Generally, under Illinois law, a plaintiff must present evidence in support of four factors before a court will issue a TRO or other form of injunction: (1) the plaintiff possesses a clearly ascertainable right in need of protection, (2) there is a likelihood that the plaintiff will succeed on the merits, (3) the ...
Zagel explained, parties seeking entry of a TRO must establish: (1) the existence of a clearly ascertained right in need of protection, (2) an imminent risk of irreparable injury in the absence of injunctive relief, (3) an inadequate remedy at law, and (4) a likelihood of success on the merits of the dispute.
An Order of Protection is a civil case, not a criminal matter; therefore, it will not go on the respondent's criminal record. Although the Order of Protection will not become part of the public record, law enforcement officers and the court clerk in your county can check to find out that it exists.
Harassment, intimidation, interference with personal liberty, each have their own definition. These are pretty specific instances described as harassment. Any testimony to an incidence such as these will be sufficient evidence for a finding of “harassment” thereby allowing the court to issue an order of protection.
Once you turn in your request, a judge will decide quickly whether to grant temporary protection. The whole process can take a few weeks to months, depending on how complicated your case is. If the judge grants you a long-term restraining order, it can last up to five years.
A TRO in Illinois is temporary and lasts up to 10 days unless extended by the court. A preliminary injunction lasts until the final judgment in the case unless appealed.